18/11/2022 10:06

When will the notarized be declared invalid in Vietnam? Some related judgements

When will the notarized be declared invalid in Vietnam? Some related judgements

I want to know when the notarized documents will be declared invalid? - Minh Ha-Quang Ngai

Hello Ms. Ha, LawNet would like to answer your question as follow:

1. Cases when a notarized document declared invalid

Pursuant to Article 117 of the Civil Code 2015 of Vietnam, a civil transaction shall be effective when it satisfies all of the following conditions:

- Participants in the transaction have legal personality and/or legal capacity in conformity with such transaction;

- Participants in the transaction act entirely voluntarily;

- The purpose and contents of the transaction are not contrary to the law and/or social ethics.

- The forms of civil transactions shall be the conditions for its effectiveness in cases where it is so provided for by law.

Thus, a notarized document is declared invalid in case of not satisfying the above-mentioned conditions.

2. Persons having the right to request courts to declare notarized documents invalid

Pursuant to Article 52 of the Law on Notarization 2014 of Vietnam, persons who have the right to request courts to declare notarized documents invalid are “notaries, notarization requesters, witnesses, interpreters, persons with related rights and obligations and competent state agencies may request courts to declare notarized documents invalid when having grounds to believe that the notarization is in violation of law”. 

Specifically:

- Notarization requester shall be a Vietnamese or foreign individual or organization and must have civil act capacity.

- Notarized documents witnesses must be full 18 years or older, have full civil act capacity and have no rights, interests or obligations related to the notarization.

- The notarization is in violation of law means cases that violates the Law on Notarization 2014 of Vietnam such as:

+ The notarization requester does not voluntarily request notarization;

+ The witness does not meet the requirements prescribed in the Law on Notarization 2014 of Vietnam;

+ Individuals and organizations that fail to meet the conditions for practicing notarization but have notarized at notarized documents, impersonated notarization requesters;

+ Notarization requesters provide untruthful information or documents, use fake papers or documents, illegally tamper with or erase papers or documents to request notarization;

+ Witnesses or interpreters committing deceitful or dishonest acts.

Thus, in cases that there is any violation in the notarized document, the Court shall have the right to declare that notarized document invalid in accordance with the law on notarization of Vietnam.

3. Judgements on declaring notarized documents invalid

Judgment on declaring notarized documents invalid No. 06/2019/DS-PT

+ Trial level: Appellate

+ Trial agency: People's Court of Quang Binh Province

+ An extract from the judgment: "In 2015, Ms. Q detected that Mr. Nguyen V Q’s 05 land plots had been transferred to Mr. L and Mrs. L, so Ms. Q phoned him to inform, in September 2017 he returned to his home country and completed the procedure to file a lawsuit to request the Court for invalid declaration of 05 land use right transfer contracts No. 3346, 3347, 3348, 3349 and 3350; Book No. 07 TP/CC-SCC between him and Mr. Hoang V L, Ms. Nguyen Thi Hong L notarized by the Nhat T notary office on July 15, 2015 due to the fact that the signature and fingerprints in the above 05 land use right transfer contracts are not Mr. Nguyen V Q’s.”

Judgment on declaring notarized documents invalid No. 209/2017/DS-PT

+ Trial level: Appellate

+ Trial agency: Superior People's Court of Ho Chi Minh City

+ An extract from the judgment: "Considering the process of the notary office T conducting notarization procedures for the above-mentioned asset donation contract, there was negligence in the inspection process leading to the fact that Ms. Th let someone else sign and roll fingerprint in the notarized document instead of Ms. T. The first-instance judgment determined that the error leading to the invalidation of the notarized document by Ms. Th and the notary office T was grounded.”

Judgment on declaring notarized documents invalid No. 22/2021/DS-PT dated March 04, 2021

+ Trial level: Appellate

+ Trial agency: People's Court of Thanh Hoa Province

+ An extract from the judgment: "When Ms. Nguyen Thi X and Mr. Nguyen Khac M made a contract to donate land use rights to Mrs. Nguyen Thi B and Mr. Hoang Van H1, Mrs. X was illiterate, so she could not write or read. Therefore, it is obliged to have witnesses when notarizing. However, according to the notarization contract made by the notary office N, there is no witness but only Mrs’s fingerprints, which is a violation as prescribed at Clause 1 Article 9 of the Law on Notarization 2006.”

Judgment on declaring notarized documents invalid No. 183/2017/DS-PT dated December 01, 2017

+ Trial level: Appellate

+ Trial agency: People's Court of Vinh Long Province

+ An extract from the judgment: "determined that Mrs. X was 91 years old, at the time of 2011 Mrs. X had a hearing loss, her eyes were blurred, her hands trembled and could not sign. Although Mr. X was disable to read, the notary who certified the above-mentioned testament đi not request for witness, which is not compliance with the law on notarization of Vietnam.”

Regards!

Nhu Y
314


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